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International Law
Print version ISSN 1692-8156
Abstract
PULIDO-ORTIZ, Fabio Enrique. VALIDITY OF THE FAST TRACK CONSTITUTIONAL AMENDMENTS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2017, n.30, pp.151-184. ISSN 1692-8156. https://doi.org/10.11144/javeriana.il15-30.vprc.
This paper studies the legal validity of the fast track constitutional amendments (FT). First, the work analyses the concept of legal validity and highlights the next notions: membership, legal applicability and moral applicability of the legal rules. Later, the author argues that FT does not fulfill with two necessary validity conditions to constitutional amendments in Colombia: its democratic character and the constitutional rigidity. Lastly, it is concluded that FT only could claim moral applicability but in this sense FT are legally irrelevant.
Keywords : Constitutional law; jurisprudence; legal validity; peace process; constitutional amendment.